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Wednesday, December 9, 2009

REVERSED

3600 Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License & ReviewEx Parte JohnsonBAHR 103(a) MARK A. LITMAN AND ASSOCIATES, P.A. Rejections based on 35 U.S.C. §103 must rest on a factual basis. In making such a rejection, the examiner has the initial duty of supplying the requisite factual basis and may not, because of doubts that the invention is patentable, resort to speculation, unfounded assumptions or hindsight reconstruction to supply deficiencies in the factual basis. In re Warner, 379 F.2d 1011, 1017 (CCPA 1967).

2100 Computer Architecture and SoftwareEx Parte AtkinsonLUCAS 102(e)/103(a) HEWLETT-PACKARD COMPANY Appellant’s argument is based on a reading of In re Ratti, 270 F.2d 810 (CCPA 1959). We have reviewed that venerable case of the CCPA, and find that much of its holding must be updated by further developments in the law guided by the Supreme Court as expressed in KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).